The Scope of the Principle of Lā Ta‘ād in Terms of Perceptual States with an Emphasis on Āyatollāh al-Hā’irī’s Point of View

The principle of Lā Ta‘ād is one of the most important jurisprudential principles in the subject of ṣalāh (prayer) and it is supported by authentic narrations. The mentioned principle has been examined from several aspects among the jurists, one of which is the examination of the scope of this principle according to the perceptual states of knowledge, ignorance, and oblivion of mukallaf (the one charged with a duty) towards the ruling. One of the jurists who discussed and commented on this issue was Muḥaqqiq al-Hā’irī. He finally denied the inclusion of this principle in the three cases mentioned above, while the renowned majority of the jurists have not accepted the inclusion of this principle only for the first two states. The result of the present study, after examining and criticizing the reasons presented by him and other jurists, is that the main criterion for the inclusion or exclusion of this principle is holding the title of the excuse. Since this issue is excluded in the case of the two states of knowledge and ignorance of fault toward the ḥukm (ruling), therefore the two mentioned states are out of the scope of the principle. However, due to the cases of ignorance of fault and obliviousness, the ḥukm will be within the scope of this principle. The present study was written using the descriptive-analytical method and library information.